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McCann v. McCann

152 Idaho 809, 275 P.3d 824 (2012)

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McCann v. McCann

Idaho Supreme Court

152 Idaho 809, 275 P.3d 824 (2012)

Facts

Ron McCann (plaintiff) and Bill McCann (defendant) were brothers and each owned 36.7 percent of the shares of McCann Ranch & Livestock Company. Their mother, Gertrude McCann, owned the remaining shares. After the death of Ron and Bill’s father, Bill’s salary nearly tripled, Gertrude started to receive a consulting fee from the company, and Ron was removed from the company’s board of directors. Ron was not otherwise employed by the company. Further, the company bought Gertrude’s home from her because she was in need of immediate cash. Ron brought suit, seeking dissolution of the company. The company moved for summary judgment. The company acknowledged that there could be a factual dispute regarding the oppressiveness of Gertrude and Bill’s conduct, but that the lack of irreparable injury to the company was determinative. The trial court granted the company’s motion. Ron appealed.

Rule of Law

Issue

Holding and Reasoning (Burdick, C.J.)

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